London's Pulse: Medical Officer of Health reports 1848-1972

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Kensington 1906

Annual report of the Medical Officer of Health 1906

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88
attached thereto, indicating the particulars required to be supplied, and the proper form of the
return. In February (1902) 78 lists of outworkers were received (43 from Noith Kensington and
80 from South Kensington) comprising the names and addresses of 375 outworkers—130 and
245 in the two districts respectively. In (or after) August, when the second half-yearly lists
were due, only 28 were received; 20 from North Kensington, comprising 56 names of outworkers,
and three from South Kensington with 21 names."
"Of the 73 persons who sent in lists in the first half of the year, all but four were in default
in the second half of the year. How many other firms, or persons, employers of outworkers,
failed to send in lists, it is not possible to say; but that the number was considerable may not
unreasonably be assumed.
"The subject was referred to again in the report for 1903 (page 62) as follow—
In February (1903) only 14 lists (9 and 5 from North and South Kensington respectively)
were received, including four from employers of outworkers who had sent in lists in
1902. In August, 13 lists were received, 7 and 6 from the north and south districts respectively.
There were 73 firms or persons (50 in North Kensington and 23 in South Kensing.
ton) who were known to employ outworkers but who did not send in lists, and probably a
still larerer number who have never sent in lists."
Commenting on these defaults I observed that—
"Any advantage that might have been expected to accrue from the care taken in
administering the section (107), has been reduced to the narrowest limits by the neglect of
the occupiers of workshops to forward the required lists—a contravention of the Act by which
defaulters render themselves liable to a fine not exceeding forty shillings, for a first offence,
and in the case of a second or subsequent offence, to a fine not exceeding five pounds."
"Reference was again made to the subject in the annual report for 1904 (page 68); in which
year a notice was sent to each known defaulter in the following terms: —
"Factory and Workshop Act, Section 107—Sub-Secs. (1) and (2). I beg to call your
attention to the fact that since I have not received from you any list of the Outworkers
employed by you. The circular addressed to you in February, 1902, made you aware that
it would be your duty to send to me a list on or before the 1st day of February, and the 1st
day of August, in every year. I shall be reporting your apparent default to the Public
Health Committee shortly, and shall be pleased, at the same time, to submit any explana
tion you may desire to offer to account for your failure to comply with the provisions of the
Act."
"No sensible improvement followed the issue of the notice, and, as far as could be ascertained,
about 50 firms, or persons, presumed to be employers of outworkers, again failed to send
in the half-yearly lists of names and addresses. The lady inspectors of workshops, etc., have
repeatedly called the attention of firms, and persons, known to employ outworkers, to their
default, and to the liability to fine they thereby incurred; but to little purpose, employers alleging
forgetfulness, or insisting that a half-yearly reminder should be forwarded to them, to
ensure compliance with the requirements of the law. In this connexion it may be pointed out that
the lists of outworkers which employers are required to keep, and to produce for inspection by the
Council's officers, are kept very imperfectly, if at all, and not on the form (44) prescribed by the
Act, and which is sold at the price of two-pence.
"Having regard to the importance of the matter, it is desirable to institute proceedings
against defaulters for neglect of duties to which the Secretary of State, in his aforesaid letter,
justly ascribes high importance. 'Outworkers (he observes) form the weakest section of the
labouring class, and the class in respect of which the State, from the nature of the circumstances,
is least able, by its officers, to control the conditions of work. If these conditions are to be
effectively controlled, the local authorities, to whom Parliament has entrusted the duty of supervising
them, must make a full use of their powers' by seeing (among other things) that the
'lists are properly kept by the employers,' as the information they convey is of the greatest
importance to the local authority in 'supervising the sanitary conditions under which the work
is done' in the homes of outworkers. Special attention is called to the powers of the Council,
under Section 108, which was introduced into the Factory Act with the object of preventing
industrial work being carried on in dwellings under less wholesome conditions than are required
by law in workshops, and thus dealing with some of the worst features of what is known as the
'sweating System.' To secure the benefits intended by the legislature, the Council are urged by
the Secretary of State to 'take every possible step, by inspection and otherwise, to see that the
lists of outworkers are duly kept by employers, and copies sent to the Council, twice a year, as
required by the Act.' In case of default it is 'always open to the Council to enforce the obligation
by legal proceedings.'